A unique hedge protection regime comes into effect in October

Decree No. 2026-829 of August 28, 2026, published in the Official Journal of the French Republic No. 0201 of August 29, 2026 (NOR TECL2521973D), establishes a single regime for the sustainable management of hedges within the Environmental Code. Issued by the Ministry of Ecological Transition, Biodiversity, and International Negotiations on Climate and Nature, it unifies the procedures for the destruction of hedges, which were previously scattered across several pieces of legislation. The text applies to hedge destruction projects for which a declaration is filed as of October 1, 2026.

The decree inserts a Section 5, “Sustainable Management of Hedges,” into Chapter II of Title I of Book IV of the Environmental Code. It creates a single prior declaration, regardless of the hedge’s location and regardless of the applicable legislation, and distinguishes between two regimes: non-opposition to the declaration and single authorization.

Enhanced Protection During Nesting

Landowners and managers must ensure the sustainable maintenance and management of hedges and avoid their destruction. Failing this, they must minimize the extent of the destruction and compensate for it through replanting that eventually offers at least equivalent functionality.

• A period of prohibition on work, corresponding to bird nesting, cannot be less than 21 weeks.
• Exemptions are possible for public safety emergencies, legal brush-clearing obligations, or the preservation of safety clearances for roads, railway infrastructure, electronic communications, and public electricity networks.
• Network managers must comply with a previously developed action plan for the sustainable management of hedges.

A Single Window and a Digital Procedure

Any person planning to destroy a hedge must file a declaration with the prefect of the department where it is located, via an online procedure called the “hedge single window” (guichet unique de la haie). A paper declaration remains possible in the event of an inability to use the online procedure or a lasting technical malfunction.

• Silence from the prefect for two months constitutes a decision of non-opposition.
• Opinions from the consulted authorities and bodies are rendered within forty-five days and are deemed favorable beyond that period.
• Non-opposition or authorization ceases to take effect if the destruction is not carried out within eighteen months.
• Compensatory plantings must be carried out within eighteen months following the decision.

Mandatory Compensation

In the absence of a prefectural decree establishing a coefficient, the default compensation coefficient is equal to one time the length of the destroyed hedge. The declaration file must specify the location, length, implementation period, and characteristics of the replanted hedges.

Certain projects are subject to authorization, particularly those requiring a derogation for species protection, those located in a nature reserve, a classified site, near a historical monument, or concerning a hedge protected under the rural and maritime fishing code. The prefect shall reject the request when the project disregards protected interests or compensation obligations.

A progressive entry into force

The decree applies to declarations filed as of October 1, 2026, in mainland France. In collectivities governed by Article 73 of the Constitution, in Saint-Martin, and in Saint-Pierre-et-Miquelon, it applies to declarations filed as of September 1, 2028. The Minister for Ecological Transition, the Minister for Agriculture, Agri-Food and Food Sovereignty, the Minister for Overseas Territories, and the Minister for the City and Housing are responsible for its execution.

This single regime simplifies the procedures for farmers, owners, and network managers while strengthening the protection of hedges, which are essential elements of biodiversity and ecological corridors. It now imposes systematic compensation and strictly regulates work periods to preserve bird nesting.

Official source: Decree No. 2026-829 of August 28, 2026, relating to the single regime for hedges, NOR TECL2521973D, published in the Official Journal of the French Republic No. 0201 of August 29, 2026.